Davis: Keep an eye out for new year's new laws

The festivities have passed, and the California Legislature was busy in 2013. The new year brings hundreds of new laws for Californians, many of them affecting real estate. The full text is available at leginfo.legislature.ca.gov; I will note a brief description of a few.

Smoke detectors, if battery-operated, will not be approved by the fire marshal unless they contain a nonreplaceable, nonremovable battery capable of powering the alarm for at least 10 years (SB745). The effective date is July 1. They are available now. I just purchased five. In addition, on Jan. 1, 2015, the alarm must display the date of manufacture, provide a place to record the date of installation and incorporate a hush feature.

Landlords of mobile homes and apartment buildings will be required to provide the specific current utility rate schedules for their tenants (SB196).

The Real Estate Transfer Disclosure Statement, effective July 1, will be amended. Sellers will be required to disclose claims or lawsuits involving construction defects, breach of warranty and prelitigation claims (SB652).

Are you wondering who is responsible for the expense of constructing and maintaining the walls or fences of adjoining landowners? AB1404 requires adjoining landowners to share equally the reasonable cost. As of Jan. 1, adjoining landowners are presumed to receive equal benefit from walls and/or fences between their properties unless otherwise agreed to in writing.

There are certain exceptions, as “the bill would establish a rebuttable presumption that adjoining landowners share an equal benefit.” In addition, a landowner must give a prior, 30-day written notice of the presumed equal responsibility for the reasonable costs.

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